Publication Date: May 21, 2013
Posted Date: May 21, 2013
Subject: Continuation of computer matching agreement between Education and Department of Justice
FR Type: Notice
[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29748-29749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12047]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; Computer Matching Program Between the
Department of Education and the Department of Justice
AGENCY: Department of Education.
ACTION: Notice.
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SUMMARY: This document provides notice of the continuation of a
computer matching program between the Department of Education and the
Department of Justice. The continuation is effective on the date in
paragraph 5.
SUPPLEMENTARY INFORMATION: Section 421(a)(1) of the Controlled
Substances Act (21 U.S.C. 862(a)(1)) includes provisions regarding the
judicial denial of Federal benefits. Section 421 of the Controlled
Substances Act, which was originally enacted as section 5301 of the
Anti-Drug Abuse Act of 1988, and which was amended and redesignated as
section 421 of the Controlled Substances Act by section 1002(d) of the
Crime Control Act of 1990, Pub. L. 101-647 (hereinafter referred to as
"section 5301"), authorizes Federal and State judges to deny certain
Federal benefits (including student financial assistance under title IV
of the Higher Education Act of 1965, as amended (HEA)) to individuals
convicted of drug trafficking or possession of a controlled substance.
In order to ensure that title IV, HEA student financial assistance
is not awarded to individuals subject to denial of benefits under court
orders issued pursuant to section 5301, the Department of Justice and
the Department of Education implemented a computer matching program.
The 18-month computer matching agreement (CMA) was recertified for an
additional 12 months on June 20, 2012. The 12-month recertification of
the CMA will automatically expire on June 19, 2013.
For the purpose of ensuring that title IV, HEA student financial
assistance is not awarded to individuals denied benefits by court
orders issued under the Denial of Federal Benefits Program, the
Department of Education must continue to obtain from the Department of
Justice identifying information regarding individuals who are the
subject of section 5301 denial of benefits court orders. The purpose of
this notice is to announce the continued operation of the computer
matching program and to provide certain required information concerning
the computer matching program.
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as
amended by the Computer Matching and Privacy Protection Act of 1988
(Pub. L. 100-503), the Office of Management and Budget (OMB) Guidelines
on the Conduct of Matching Programs (54 FR 25818, June 19, 1989), and
OMB Circular A-130, the following information is provided:
1. Names of Participating Agencies
The Department of Education (ED) and the Department of Justice
(DOJ).
2. Purpose of the Match
The purpose of this matching program is to ensure that the
requirements of section 421 of the Controlled Substances Act
(originally enacted as section 5301 of the Anti-Drug Abuse Act of 1988,
Pub. L. 100-690, 21 U.S.C. 853a, which was amended and redesignated as
section 421 of the Controlled Substances Act by section 1002(d) of the
Crime Control Act of 1990, Pub. L. 101-647) (hereinafter referred to as
``section 5301''), are met.
DOJ is the lead contact agency for information related to section
5301 violations and, as such, provides this data to ED. ED seeks access
to the information contained in the DOJ Denial of Federal Benefits
Clearinghouse System (DEBARS) database that is authorized under section
5301 for the purpose of ensuring that title IV, HEA student financial
assistance is not awarded to individuals subject to denial of benefits
under court orders issued pursuant to the Denial of Federal Benefits
Program.
3. Authority for Conducting the Matching Program
Under section 5301, ED must deny Federal benefits to any individual
upon whom a Federal or State court order has imposed a penalty denying
eligibility for those benefits. Student financial assistance under
title IV of the HEA is a Federal benefit under section 5301, and ED
must, in order to meet its obligations under the HEA, have access to
information about individuals who have been declared ineligible under
section 5301.
While DOJ provides information about section 5301 individuals who
are ineligible for Federal benefits to the General Services
Administration (GSA) for inclusion in GSA's List of Parties Excluded
from Federal Procurements
[[Page 29749]]
and Nonprocurement Programs, DOJ and ED have determined that matching
against the DOJ database is more efficient and effective than matching
against the GSA List. The DOJ database has specific information about
the title IV, HEA programs for which individuals are ineligible, as
well as the expiration of the debarment period, making the DOJ database
more complete than the GSA List. Both of these elements are essential
for a successful match.
4. Categories of Records and Individuals Covered by the Match
ED will submit, for verification, records from its Central
Processing System files (Federal Student Aid Application File (18-11-
01)), the Social Security number (SSN), and other identifying
information for each applicant for title IV, HEA student financial
assistance. ED will use the SSN, date of birth, and the first two
letters of an applicant's last name for the match.
The DOJ DEBARS system contains the names, SSNs, dates of birth, and
other identifying information regarding individuals convicted of
Federal or State offenses involving drug trafficking or possession of a
controlled substance who have been denied Federal benefits by Federal
or State courts. This system of records also contains information
concerning the specific program or programs for which benefits have
been denied, as well as the duration of the period of ineligibility.
DOJ will make available for the matching program the records of only
those individuals who have been denied Federal benefits under one or
more of the title IV, HEA programs.
5. Effective Dates of the Matching Program
The matching program will be effective on the latest of the
following three dates: (A) June 20, 2013; (B) thirty (30) days after
notice of the matching program has been published in the Federal
Register; or (C) forty (40) days after a report concerning the matching
program has been transmitted to OMB and transmitted to the Congress
along with a copy of this agreement, unless OMB waives 10 days of this
40-day period for compelling reasons, in which case, 30 days after
transmission of the report to OMB and Congress.
The matching program will continue for 18 months after the
effective date of the CMA and may be extended for an additional 12
months thereafter, if the conditions specified in 5 U.S.C.
552a(o)(2)(D) have been met.
6. Address for Receipt of Public Comments or Inquiries
Individuals wishing to comment on this matching program or obtain
additional information about the program, including requesting a copy
of the computer matching agreement between ED and DOJ, may contact
Franka Dennis, Management and Program Analyst, U.S. Department of
Education, Federal Student Aid, Union Center Plaza, 830 First Street
NE., Washington, DC 20202-5454. Telephone: (202) 377-4067.
Accessible Format: If you use a telecommunications device for the
deaf (TDD) or a text telephone (TTY), call the Federal Relay Service,
toll free, at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., Braille, large print, audiotape, or compact
disc) by contacting the contact person listed in the preceding
paragraph.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Authority: 5 U.S.C. 552a; 21 U.S.C. 862(a)(1).
Dated: May 10, 2013.
James W. Runcie,
Chief Operating Officer, Federal Student Aid.
[FR Doc. 2013-12047 Filed 5-20-13; 8:45 am]
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